Pennsylvania Firearm Owners Association
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  1. #1
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    Default Proper way to act around police

    I was reading the thread on here about the marine who got his gun taken for months, still I think...

    Anyway, its easy to be safe with all of that if you know what to say. I sort of do. Here is my understanding.

    Be honest and do not lie, but do not give information if not asked.

    When do I have to get out of the car? If I get pulled over for going 46 in a 45 and he asks me if I have any weapons in the car, I say yes. He may then ask me to get out of the car. Well, I didn't do anything wrong....so do I have to or can I politely decline to do so?

    If I am asked to get out, do I waive my right to decline their ability to search my vehicle? Can I ask to have another officer present at least before they search, for my protection?

    If they are informed I am carrying, do I have to let them take my weapon to do a search on the serial number or whatever? Or do I have to let them see it at all?

  2. #2
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    Default Re: Proper way to act around police

    I was reading the thread on here about the marine who got his gun taken for months, still I think...

    Anyway, its easy to be safe with all of that if you know what to say. I sort of do. Here is my understanding.

    Be honest and do not lie, but do not give information if not asked.
    You don't have to tell them you're carrying, if you don't want to in Pa. It's your choice whether to do so or not.

    That said, when I am pulled over I present my Driver's License along with my License to Carry. I don't need any misunderstandings, any hassles, or any nonsense from any officer about "why I didn't tell him earlier." I've never met an officer who didn't appreciate it, and I've never met one who was a pain in the ass about it.

    By presenting your LTCF without saying anything, you're telling him more than any words can -- you're saying that you want him to know you're allowed to carry a gun concealed, that you are carrying a gun, that you've had extensive background checks and aren't the sort of person who breaks the law, and that you're doing it because you're concerned about everyone's safety in the encounter.

    And I'm certain it has kept me from getting tickets on several occasions.

    Here's my offer to you, as you're in West Chester. If you behave appropriately, and do what I've suggested, and an officer in the area confiscates your gun without cause, I'll represent you in the action to get it back, free of charge. The offer doesn't apply if you pull a "fucking pig took my gun because I had a PFA order in place for hitting my girlfriend" or a "fucking pig took my gun when he found the weed in my car" routine. For me to offer to do this for you, you must be completely without blame in the encounter with the officer. Speeding and minor traffic offenses only. No DUIs or bullshit like that.

    When do I have to get out of the car? If I get pulled over for going 46 in a 45 and he asks me if I have any weapons in the car, I say yes. He may then ask me to get out of the car. Well, I didn't do anything wrong....so do I have to or can I politely decline to do so?
    If the officer's instructions are legal, do what the nice officer says. If he says to get out of the car, get out of the car. You cannot decline to leave your vehicle during a traffic stop in Pa.

    If I am asked to get out, do I waive my right to decline their ability to search my vehicle? Can I ask to have another officer present at least before they search, for my protection?

    If they are informed I am carrying, do I have to let them take my weapon to do a search on the serial number or whatever? Or do I have to let them see it at all?
    No, you do not waive your right to consent to a search of the vehicle. You can ask them to have another officer respond, but they don't have to do it.

    Yes, you have to give them the gun if they ask. When they ask for the gun, tell them what kind it is, that it is loaded, ask if they have been checked out on that weapon or if they would like you to clear it for them first, explain where it is, how it is carried, how you will be reaching for it. Yes, they can take it. Yes, you have to show it to them if they ask.
    Last edited by Rule10b5; October 10th, 2007 at 09:36 AM.
    The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.

    In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.

  3. #3
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    Default Re: Proper way to act around police

    Quote Originally Posted by jh664322 View Post
    When do I have to get out of the car?
    I would assume any time they ask, you won't gain anything from refusing to do so.

    Quote Originally Posted by jh664322 View Post
    If I am asked to get out, do I waive my right to decline their ability to search my vehicle?
    Not that I am aware, as a general rule you should never consent to a search, however you may end up waiting for them to call in a k9 unit if they are in a mood.

    Quote Originally Posted by jh664322 View Post
    Can I ask to have another officer present at least before they search, for my protection?
    You can ask, I am not sure if they would be required to provide one.

    Quote Originally Posted by jh664322 View Post
    If they are informed I am carrying, do I have to let them take my weapon
    Again, I am not sure but I can't see it going well if you refuse, plus they can claim officer safety and I doubt anyone would fault them for it legally.
    Dan P, Founder & President, Pennsylvania Firearm Owners Association
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  4. #4
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    Default Re: Proper way to act around police


  5. #5
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    Default Re: Proper way to act around police

    am i required to stay in the car at a traffic stop? i have only been pulled over a few times in my life. every time i was pulled over i exited the vehicle before the officer exited theirs. is this wrong? i didn't get a ticket either time.

  6. #6
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    Default Re: Proper way to act around police

    Quote Originally Posted by normanvin View Post
    am i required to stay in the car at a traffic stop? i have only been pulled over a few times in my life. every time i was pulled over i exited the vehicle before the officer exited theirs. is this wrong? i didn't get a ticket either time.
    You're not required to stay in your car, but jumping out when pulled over is generally a bad idea. I would NOT get out of the car unless requested by the officer.
    The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.

    In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.

  7. #7
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    Default Re: Proper way to act around police

    Quote Originally Posted by Rule10b5 View Post
    You're not required to stay in your car, but jumping out when pulled over is generally a bad idea. I would NOT get out of the car unless requested by the officer.
    I'd stay in the car...it is dangerous to get out especially if you are pulled over on the side of a high way. You don't want to get picked off by another vehicle!

    New AR15 Forum! www.AlphaRomeo15.org All AR, No Attitude!

  8. #8
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    Default Re: Proper way to act around police

    The best way to avoid conflict with the police?

    Hide everything out of site.

    don't tell them you have a weapon or show your ccw. If pulled over for a traffic ticket and asked if you have a weapon, lie.

    then basically kiss ass as much as possible to make them feel like the Gods they are. Once you have groveled enough and had them yell at you about how stupid and worthless you are and how fortunate you are you're not going to jail, they will let you leave with your $100 ticket.

    I know we all have right but honestly it is not worth dealing with the legal crap to try and stand up for them. They don't need to know I have a gun untill the second they ask me to step out of the vehicle.

    The point is, and we see it over and over, all it takes is a cop with an attitude to ruin your week, or month or end up costing you thousands to make it right. They never suffer as a result of stopping on your rights.

  9. #9
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    Default Re: Proper way to act around police

    Quote Originally Posted by brewguy View Post
    The best way to avoid conflict with the police?

    Hide everything out of site.

    don't tell them you have a weapon or show your ccw. If pulled over for a traffic ticket and asked if you have a weapon, lie.

    then basically kiss ass as much as possible to make them feel like the Gods they are. Once you have groveled enough and had them yell at you about how stupid and worthless you are and how fortunate you are you're not going to jail, they will let you leave with your $100 ticket.

    I know we all have right but honestly it is not worth dealing with the legal crap to try and stand up for them. They don't need to know I have a gun untill the second they ask me to step out of the vehicle.

    The point is, and we see it over and over, all it takes is a cop with an attitude to ruin your week, or month or end up costing you thousands to make it right. They never suffer as a result of stopping on your rights.
    Dude, no offense, but by doing what you suggest you're pretty much guaranteed to get arrested. Lying to a cop about an easily verifiable fact is perhaps one of the most phenomenally bad things you can do. If you don't want to tell him, don't tell him, but if he asks, what do you gain from lying?
    The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained.

    In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.

  10. #10
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    Default Re: Proper way to act around police

    Quote Originally Posted by Rule10b5 View Post
    Dude, no offense, but by doing what you suggest you're pretty much guaranteed to get arrested. Lying to a cop about an easily verifiable fact is perhaps one of the most phenomenally bad things you can do. If you don't want to tell him, don't tell him, but if he asks, what do you gain from lying?
    I don't know, maybe not loosing my gun for a few months while they pretend they don't have it. Or sitting in a cop car for 4 hours while they search for my info.

    I have never had a cop ask me to get out of the car during a speeding stop. So how are they going to find out if I'm concealed carrying?

    All telling them is going to do is make them over react.

    Is it illegal to lie to a cop?

    I've seen enough cases lately to beleive nothing good can come from any encounter with LEO and telling them anything I'm not required to is not going to help the situation.

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